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Home My WebLink About2026 Ordinance No. 002 1 ORDINANCE NO. 2 COUNCIL BILL NO. 68 SERIES OF 2026 INTRODUCED BY COUNCIL MEMBER PRANGE AN ORDINANCE AUTHORIZING THE FOURTH AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND URBAN DRAINAGE AND FLOOD CONTROL DISTRICT D/B/A MILE HIGH FLOOD DISTRICT FOR DRAINAGE AND FLOOD CONTROL IMPROVEMENTS IN THE SOUTH ENGLEWOOD BASIN WHEREAS, pursuant to C.R.S. § 29-1-203, the City of Englewood (“City”) is authorized to cooperate and contract with other governmental entities to provide any function, service, or facility that each governmental entity is legally authorized to perform; and WHEREAS, the City and the Urban Drainage and Flood Control District, doing business as the Mile High Flood District (“MHFD”), entered into an Intergovernmental Agreement (“IGA”) through Ordinance No. 4, Series of 2022, for the design, right-of- way acquisition, and construction of drainage and flood control facilities in the South Englewood Basin; and WHEREAS, the City and MHFD subsequently approved amendments to the IGA, including the First Amendment through Ordinance No. 5, Series of 2022/2023, the Second Amendment through Ordinance No. 69, Series of 2023, and the Third Amendment through Ordinance No. 52, Series of 2024, each supporting additional phases of design, acquisition, and construction activities for drainage and flood control improvements in the South Englewood Basin; and WHEREAS, MHFD and the City are currently completing a Citywide Major Drainageway Plan (“MDP”) and Flood Hazard Area Delineation (“FHAD”), which will update hydrology, establish basin-wide priorities, and identify recommended storm drainage improvement projects throughout Englewood; and WHEREAS, the baseline hydrology updates for the MDP have been completed and the alternatives analysis phase is underway to identify priority projects appropriate for funding under this IGA; and WHEREAS, the Citywide MDP will enable the City to make informed and cost- effective decisions regarding future drainage improvements in the South Englewood Basin and elsewhere in the City, and will maintain the City’s eligibility to receive MHFD partnership funding for improvements recommended in the final plan; and WHEREAS, the proposed Fourth Amendment to the IGA adds $800,000 to the cumulative project funding, with the City’s share being $400,000, to support the design, right-of-way acquisition, and construction of drainage and flood control improvements in the South Englewood Basin, or in another Englewood basin should the MDP identify an alternative priority project; and Docusign Envelope ID: 90B96E91-88B7-4CC9-BC0F-528FFC647E4E 2 WHEREAS, the Water and Sewer Board reviewed the proposed Fourth Amendment and recommended approval at its meeting on December 9, 2025; and WHEREAS, Utilities staff recommends approval of the Fourth Amendment to continue advancing drainage improvement projects that enhance public safety, reduce flood risk, and support long-term infrastructure resiliency in alignment with the Englewood Strategic Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council hereby approves the Fourth Amendment to the Intergovernmental Agreement between the City of Englewood and the Mile High Flood District for the continued design, right-of-way acquisition, and construction of drainage and flood control facilities in the South Englewood Basin, in substantially in the form accompanying this ordinance. Section 2. The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that Docusign Envelope ID: 90B96E91-88B7-4CC9-BC0F-528FFC647E4E 3 the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance, and has the authority to correct formatting and/or typographical errors. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 15th day of December, 2025; and on second reading, in identical form to the first reading, on the 5th day of January, 2026. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Docusign Envelope ID: 90B96E91-88B7-4CC9-BC0F-528FFC647E4E